Long-Term Prospects for USA v. Arizona

By Daniel M. Kowalski, Attorney, The Fowler Law Firm PC Pundits, bloggers and talking heads are spending far too much time obsessing over irrelevant aspects of USA v. Arizona , the federal government’s lawsuit against SB 1070, Arizona’s immigration control bill, set to take effect in...

Lucas Guttentag on Preemption, Discrimination and Arizona v. U.S.

" The Supreme Court is expected to decide within days whether Arizona’s controversial immigration enforcement statute, S.B. 1070, is unconstitutional. Arizona’s law is widely condemned because of the discrimination the law will engender. Yet the Court appears intent on relegating questions...

Arizona Case Will Have Ripple Effect in Texas

" A decision by the U.S. Supreme Court on Arizona’s anti-illegal immigration law could have ramifications for Farmers Branch’s rehearing request on the city’s ordinance that bans [unauthorized] immigrants from rental properties. The Arizona and Farmers Branch cases have key parallels...

Supreme Court on Preemption: Arizona v. United States

"The question before the Court is whether federal law preempts and renders invalid four separate provisions of the state law. ... The issue is whether, under pre­emption principles, federal law permits Arizona to imple­ment the state-law provisions in dispute. ... Section 3 of S. B. 1070...

David Martin: Reading Arizona

"[T]he majority warmly reaffirmed a constitutional doctrine, known as obstacle preemption, that will favor the federal government’s interests in a wide swath of future cases. It also strongly endorsed the primacy of the federal government in immigration control, in the face of a stunningly...

Immigration Preemption after United States v. Arizona

"In the last several years, state and local governments have passed laws that attempt to “get tough on undocumented migrants.” The Supreme Court recently addressed one of these measures in United States v. Arizona , and the Court may soon be considering another. The United States Court...

Preempting Immigration Detainer Enforcement Under Arizona v. United States

"The power of the states to participate in immigration enforcement has been hotly debated. With its June 25, 2012 decision in Arizona v. United States, the Supreme Court dealt a hard blow against state involvement in immigration enforcement. This article addresses the impact of Arizona’s...

La. Ct. App. on 'Driving While Undocumented' Statute, Preemption: State v. Sarrabea

"Defendant argues La.R.S. 14:100.13 is an unconstitutional attempt to preempt federal law because it attempts to preempt the field of alien registration which is occupied by federal law. Thus, he asserts, the trial court lacked jurisdiction to convict him. In support of this assertion Defendant...

CA9 on Preemption, Arizona S.B. 1070, Section 5: Valle Del Sol v. Whiting

"Plaintiffs challenge Arizona Revised Statutes § 13-2929, which attempts to criminalize the harboring and transporting of unauthorized aliens within the state of Arizona. The district court granted the plaintiffs’ motion for a preliminary injunction with respect to this provision on the...